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The Development of Criminal Litigation Legislation Since the Founding of P.R.C..doc
The Development of Criminal Litigation Legislation Since the Founding of P.R.C.
1 School of Humanities, Economics and Law, Northwestern Polytechnical University, Xi’an, China. Associate professor, doctoral candidate for ideological and political education programm in School of Humanities, Economics and Law, Northwestern Polytechnical University.
* Corresponding author.
Received 19 December 2011; accepted 20 February 2012.
Abstract
In the long process of China’s historical development, there appeared the glorious times leading the world trends. In the field of legal system, the world famous Chinese Legal System with Tang Lü Shu Yi (Tang Code with authoritative annotations) is regarded as its pearl, in which the legislation of lawsuit was flourishing and over the next one thousand years, it made further progress and got more perfected. This paper mainly focuses on the development situation of criminal litigation legislation in China since the founding of the People’s Republic of China (P.R.C.) in 1949. In the meantime, tentative speculations will be offered on the criminal suit legislation in the future.
Criminal suit legislation in China since 1949 could be divided into three periods. The first period is from 1949 to 1979. In this period, no common criminal suit code was made but several criminal suit regulations were passed.With the passage of all these regulations, a national unified criminal suit system had been established.
The second period is from 1979 to 1996. It was the period when the China’s criminal suit legislation entered its booming stage. Lots of laws were passed, which indicated that criminal suit legislation in China had reached a rather large scale and criminal suit system had become more comprehensive and mature.
The three period is from 1996 to the present. After its putting into practice for 17 years, Criminal Procedure Law of the People抯 Republic of China was revised in a larger scale by the National People抯 Congr
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